Israel Court Rules Modified Electric Bicycles Can Be Classified as Motor Vehicles
A Lod court ruled that modified electric bicycles exceeding 25 km/h can be classified as motor vehicles, meaning riders face severe prosecution for driving without a license.
A significant ruling by the Central District Court in Lod may serve as a stern warning to electric bicycle riders in Israel: an electric two-wheeled vehicle that does not comply with the statutory exemption conditions, including the cessation of motor operation at speeds exceeding 25 km/h, may be considered a motor vehicle requiring a driving license and vehicle registration. This means that a rider using such a device could be prosecuted for severe traffic offenses, similar to a driver operating a motor vehicle.
The determination is at the core of a decision by Judge Ron Sulkin, who accepted the police appeal and ordered the continued detention of Dvir Gozlan, an individual with 37 prior traffic convictions. Gozlan was arrested after allegedly riding while disqualified on an electric two-wheeled vehicle clocked at speeds of up to 52 km/h, traveling against traffic, disobeying police instructions, and allegedly striking a female police officer who attempted to stop him.
Legal Framework and Regulations
According to traffic regulations, standard electric bicycles enjoy an exemption from vehicle registration requirements provided they meet statutory conditions, including a motor power not exceeding 250 watts, pedaling activation, and the cessation of electrical assistance at speeds exceeding 25 km/h. When an electric vehicle fails to meet these conditions, notably following the modification or tampering of the speed-limitation mechanism, it may lose its exemption and be classified as a motor vehicle requiring proper licensing and registration.
However, not every instance of riding above 25 km/h automatically converts the bicycle into a vehicle requiring registration. The central question remains whether the motor continues to propel the vehicle beyond the permitted speed and whether it complies with other regulatory requirements.
The Incident and Police Pursuit
The incident leading to Gozlan's arrest occurred in Rishon LeZion. According to the indictment, Gozlan, who was legally disqualified from driving, rode an electric-powered two-wheeled vehicle without a license plate. During his journey, he entered a street against the flow of traffic and a "no entry" sign. Officer Lidor Shushan spotted Gozlan and signaled him to stop, but the rider reportedly ignored the command and continued driving. Subsequently, Officer Avishag Shukron spotted him and also signaled him to stop. Gozlan allegedly accelerated toward her, and when she attempted to prevent a collision by reaching for the handlebar, she injured her left hand.
Following the incident, Gozlan was arrested and indicted on seven counts, including driving while disqualified, reckless driving, driving without a valid license, driving an unregistered vehicle, disobeying police officers, violating a traffic sign, and driving without insurance.
Criminal Record and Court Proceedings
Representing the police, attorney Meir Mala presented Gozlan's extensive traffic record. Out of 37 traffic convictions since 2014, no fewer than 29 were recorded from 2020 onward, including 14 speeding offenses and four for running red lights. Furthermore, Gozlan was previously convicted of driving while disqualified and faces a suspended six-month prison sentence. The prosecution argued that this marks the fourth time within roughly four and a half years that he has driven while disqualified.
Judge Sulkin rejected the defense's arguments, emphasizing that the obligation to verify whether a vehicle requires a license rests squarely on the driver, and ignorance of the law does not exempt one from liability. Noting Gozlan's dangerous conduct and extensive criminal history, the judge ordered him to remain in custody pending further legal proceedings while his case is referred to the adult probation service.
